HB3204 103RD GENERAL ASSEMBLY

LRB103 30215 LNS 56643 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3204

Introduced 2/17/2023, by Rep. Tony M. McCombie

SYNOPSIS AS INTRODUCED:

740 ILCS 14/20

Amends the Biometric Information Privacy Act. Requires an aggrieved person to commence an action for a violation of the Act within one year of (i) the date of the violation or (ii) the date on which the aggrieved person discovers the violation.

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 Biometric Information Privacy Act is amended by changing Section 20 as follows:

(740 ILCS 14/20)

Sec. 20. Right of action.

(a) Any person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party. A prevailing party may recover for each violation:

(1) against a private entity that negligently violates a provision of this Act, liquidated damages of $1,000 or actual damages, whichever is greater;

(2) against a private entity that intentionally or recklessly violates a provision of this Act, liquidated damages of $5,000 or actual damages, whichever is greater;

(3) reasonable attorneys' fees and costs, including expert witness fees and other litigation expenses; and

(4) other relief, including an injunction, as the State or federal court may deem appropriate.

(b) An action brought under this Section shall be commenced within one year of (i) the date of the violation or (ii) the date on which the aggrieved person discovers the violation.

(Source: P.A. 95-994, eff. 10-3-08.)