Bill Status of HB 2123   103rd General Assembly

Short Description:  DIGITAL FORGERIES ACT

House Sponsors
Rep. Jennifer Gong-Gershowitz-Emanuel "Chris" Welch-Nabeela Syed-Maurice A. West, II-Kelly M. Cassidy, Mary Beth Canty, Daniel Didech, Anna Moeller, Stephanie A. Kifowit, Janet Yang Rohr, Mary E. Flowers, Margaret Croke, Kelly M. Burke, Eva-Dina Delgado, Dagmara Avelar, Maura Hirschauer, Laura Faver Dias, Jaime M. Andrade, Jr., Kevin John Olickal, Abdelnasser Rashid, Ann M. Williams, Sharon Chung, Natalie A. Manley, Joyce Mason, Rita Mayfield, Sue Scherer and Debbie Meyers-Martin

Senate Sponsors
(Sen. Mary Edly-Allen-Adriane Johnson-Steve Stadelman, Javier L. Cervantes-Julie A. Morrison, Michael W. Halpin-Karina Villa, Robert F. Martwick, Willie Preston, Rachel Ventura, Linda Holmes, Celina Villanueva, Cristina Castro, Mike Simmons, Suzy Glowiak Hilton, Meg Loughran Cappel, Ann Gillespie, Paul Faraci, Doris Turner, Sara Feigenholtz, Laura Fine, Mike Porfirio, David Koehler, Laura Ellman, Ram Villivalam, Sue Rezin, Dan McConchie, Erica Harriss, Sally J. Turner and Terri Bryant)


Last Action  View All Actions

DateChamber Action
  7/28/2023HousePublic Act . . . . . . . . . 103-0294

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Digital Forgeries Act. Provides that an individual depicted in a digital forgery has a cause of action against any person who, without the consent of the depicted individual, knowingly distributes a digital forgery, creates a digital forgery with intent to distribute, or solicits the creation of a digital forgery with the intent to distribute: (1) in order to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted; (2) with reckless disregard for whether such a creation, distribution, reproduction, or manipulation will cause physical, emotional, reputational, or economic harm to an individual falsely depicted; or (3) in order to incite violence or interfere with an official proceeding. Allows a prevailing plaintiff to be awarded damages, costs, and additional relief. Allows the court to grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Reinserts the introduced bill with changes. Makes changes to provisions concerning the definition of "digital forgery", the elements for a civil action under the Act, exceptions to the application of the Act, and the elements of consent. Makes other technical changes.

House Floor Amendment No. 3
In the provision concerning civil action, removes language providing that the provisions do not apply to digitally manipulated audiovisual material that is clearly and conspicuously identified to make clear to a reasonable person that it is not an authentic record of an act, a statement, or the conduct, absence, or presence of an individual unless the material appears to be a sexual image. Provides instead that the civil action provisions do not apply to a digital forgery that is clearly and conspicuously identified to make clear to a reasonable person that it is not an authentic record of an act, a statement, or the conduct, absence, or presence of an individual unless the material appears to be a sexual image.

Senate Committee Amendment No. 1
Deletes reference to:
New Act
Adds reference to:
740 ILCS 190/5
740 ILCS 190/10
740 ILCS 190/15
740 ILCS 190/25

Replaces everything after the enacting clause. Amends the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Changes the definition of "sexual image" to also mean a photograph, film, videotape, digital recording, or other similar medium that falsely appears to show the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus, or female post-pubescent nipple, partially or fully exposed, of a depicted individual or a depicted individual engaging in or being subjected to sexual conduct or activity. Provides that a depicted individual of an intentionally digitally altered sexual image has a cause of action against a person disseminating or threatening to disseminate the sexual image. Provides that a depicted individual has a cause of action against a person disseminating or threatening to disseminate a sexual image if the person recklessly disregarded the possibility that the depicted individual did not consent to the dissemination, the image was a private or intentionally digitally altered sexual image, and the depicted individual was identifiable. Provides that in the case of digitally altered sexual images, disclosing that the images were digitally altered is not a defense to liability. Removes language providing that nothing in the Act shall be construed to impose liability on an interactive computer service for content provided by another person. Provides that the dissemination of or a threat to disseminate a private sexual image is not a matter of public concern solely because the image is accompanied by a political message. Allows the court to award equitable relief, such as a temporary restraining order, preliminary injunction, or permanent injunction ordering the defendant to cease the display or disclosure of the image, to a prevailing plaintiff in an action brought under the Act.

Actions 
DateChamber Action
  2/3/2023HouseFiled with the Clerk by Rep. Jennifer Gong-Gershowitz
  2/3/2023HouseAdded Chief Co-Sponsor Rep. Nabeela Syed
  2/7/2023HouseFirst Reading
  2/7/2023HouseReferred to Rules Committee
  2/8/2023HouseAdded Co-Sponsor Rep. Mary Beth Canty
  2/8/2023HouseAdded Co-Sponsor Rep. Daniel Didech
  2/8/2023HouseAdded Chief Co-Sponsor Rep. Maurice A. West, II
  2/15/2023HouseAssigned to Judiciary - Civil Committee
  2/15/2023HouseAdded Chief Co-Sponsor Rep. Kelly M. Cassidy
  2/27/2023HouseAdded Co-Sponsor Rep. Anna Moeller
  3/8/2023HouseDo Pass / Short Debate Judiciary - Civil Committee; 014-000-000
  3/8/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/8/2023HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  3/8/2023HouseAdded Co-Sponsor Rep. Janet Yang Rohr
  3/9/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/14/2023HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Jennifer Gong-Gershowitz
  3/14/2023HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/15/2023HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  3/15/2023HouseAdded Co-Sponsor Rep. Mary E. Flowers
  3/15/2023HouseAdded Co-Sponsor Rep. Kelly M. Burke
  3/15/2023HouseAdded Co-Sponsor Rep. Kelly M. Burke
  3/15/2023HouseAdded Co-Sponsor Rep. Eva-Dina Delgado
  3/15/2023HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 013-000-000
  3/15/2023HouseAdded Co-Sponsor Rep. Dagmara Avelar
  3/16/2023HouseHouse Floor Amendment No. 1 Adopted
  3/16/2023HouseSecond Reading - Short Debate
  3/16/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/21/2023HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jennifer Gong-Gershowitz
  3/21/2023HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/21/2023HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Jennifer Gong-Gershowitz
  3/21/2023HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/21/2023HouseAdded Co-Sponsor Rep. Maura Hirschauer
  3/21/2023HouseAdded Co-Sponsor Rep. Laura Faver Dias
  3/21/2023HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  3/21/2023HouseAdded Co-Sponsor Rep. Kevin John Olickal
  3/22/2023HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 005-000-000
  3/23/2023HouseRecalled to Second Reading - Short Debate
  3/23/2023HouseHouse Floor Amendment No. 3 Adopted
  3/23/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/23/2023HouseThird Reading - Short Debate - Passed 109-000-000
  3/23/2023HouseHouse Floor Amendment No. 2 Tabled
  3/23/2023HouseAdded Co-Sponsor Rep. Abdelnasser Rashid
  3/24/2023SenateArrive in Senate
  3/24/2023SenatePlaced on Calendar Order of First Reading
  3/24/2023SenateChief Senate Sponsor Sen. Mary Edly-Allen
  3/24/2023SenateFirst Reading
  3/24/2023SenateReferred to Assignments
  3/24/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Adriane Johnson
  3/24/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Steve Stadelman
  3/24/2023SenateAdded as Alternate Co-Sponsor Sen. Javier L. Cervantes
  3/24/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Julie A. Morrison
  3/24/2023SenateAdded as Alternate Co-Sponsor Sen. Michael W. Halpin
  3/24/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Karina Villa
  3/24/2023SenateAdded as Alternate Co-Sponsor Sen. Robert F. Martwick
  3/24/2023SenateAdded as Alternate Co-Sponsor Sen. Willie Preston
  3/24/2023SenateAdded as Alternate Co-Sponsor Sen. Rachel Ventura
  3/24/2023SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  3/24/2023SenateAdded as Alternate Co-Sponsor Sen. Celina Villanueva
  3/24/2023SenateAdded as Alternate Co-Sponsor Sen. Cristina Castro
  3/24/2023SenateAdded as Alternate Co-Sponsor Sen. Mike Simmons
  4/12/2023SenateAssigned to Judiciary
  4/19/2023SenateTo Subcommittee on Privacy
  4/19/2023SenateRe-referred to Assignments
  4/19/2023SenateRe-assigned to Judiciary
  4/20/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Mary Edly-Allen
  4/20/2023SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/25/2023SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  4/25/2023SenateSenate Committee Amendment No. 1 Adopted; Judiciary
  4/25/2023SenateAdded as Alternate Co-Sponsor Sen. Suzy Glowiak Hilton
  4/26/2023SenateDo Pass as Amended Judiciary; 007-000-000
  4/26/2023SenatePlaced on Calendar Order of 2nd Reading April 27, 2023
  4/28/2023SenateAdded as Alternate Co-Sponsor Sen. Meg Loughran Cappel
  5/3/2023SenateAdded as Alternate Co-Sponsor Sen. Ann Gillespie
  5/3/2023SenateAdded as Alternate Co-Sponsor Sen. Paul Faraci
  5/3/2023SenateAdded as Alternate Co-Sponsor Sen. Doris Turner
  5/3/2023SenateAdded as Alternate Co-Sponsor Sen. Sara Feigenholtz
  5/3/2023SenateAdded as Alternate Co-Sponsor Sen. Laura Fine
  5/3/2023SenateAdded as Alternate Co-Sponsor Sen. Mike Porfirio
  5/3/2023SenateAdded as Alternate Co-Sponsor Sen. David Koehler
  5/3/2023SenateAdded as Alternate Co-Sponsor Sen. Laura Ellman
  5/4/2023SenateSecond Reading
  5/4/2023SenatePlaced on Calendar Order of 3rd Reading May 5, 2023
  5/9/2023SenateAdded as Alternate Co-Sponsor Sen. Ram Villivalam
  5/10/2023SenateAdded as Alternate Co-Sponsor Sen. Sue Rezin
  5/11/2023SenateThird Reading - Passed; 056-000-000
  5/11/2023SenateAdded as Alternate Co-Sponsor Sen. Dan McConchie
  5/11/2023SenateAdded as Alternate Co-Sponsor Sen. Erica Harriss
  5/11/2023SenateAdded as Alternate Co-Sponsor Sen. Sally J. Turner
  5/11/2023SenateAdded as Alternate Co-Sponsor Sen. Terri Bryant
  5/11/2023HouseArrived in House
  5/11/2023HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/11/2023HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Jennifer Gong-Gershowitz
  5/11/2023HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/15/2023HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Judiciary - Civil Committee
  5/16/2023HouseAdded Co-Sponsor Rep. Ann M. Williams
  5/16/2023HouseCommittee/Final Action Deadline Extended-9(b) May 19, 2023
  5/16/2023HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 010-004-000
  5/17/2023HouseAdded Co-Sponsor Rep. Emanuel "Chris" Welch
  5/17/2023HouseAdded Co-Sponsor Rep. Sharon Chung
  5/17/2023HouseAdded Co-Sponsor Rep. Natalie A. Manley
  5/17/2023HouseAdded Co-Sponsor Rep. Joyce Mason
  5/17/2023HouseAdded Co-Sponsor Rep. Rita Mayfield
  5/17/2023HouseAdded Chief Co-Sponsor Rep. Emanuel "Chris" Welch
  5/17/2023HouseRemoved Co-Sponsor Rep. Emanuel "Chris" Welch
  5/17/2023HouseAdded Co-Sponsor Rep. Sue Scherer
  5/17/2023HouseSenate Committee Amendment No. 1 House Concurs 113-000-000
  5/17/2023HouseHouse Concurs
  5/17/2023HousePassed Both Houses
  5/17/2023HouseAdded Co-Sponsor Rep. Debbie Meyers-Martin
  6/15/2023HouseSent to the Governor
  7/28/2023HouseGovernor Approved
  7/28/2023HouseEffective Date January 1, 2024
  7/28/2023HousePublic Act . . . . . . . . . 103-0294

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