Illinois General Assembly - Full Text of SB3901

LRB104 19443 JRC 32891 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3901

Introduced 2/6/2026, by Sen. Mary Edly-Allen

SYNOPSIS AS INTRODUCED:

750 ILCS 5/105

from Ch. 40, par. 105

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides legislative intent that the misuse of artificial intelligence involves the fabrication of evidence that can be fake, manipulated, or non-existent that can have a profound effect in family law cases. Provides that its misuse can be particularly harmful in family law proceedings because of the emotion involved. Requires that on the request of either party, the court must review evidence under Supreme Court Rule 901 to evaluate proposed evidence that may have been generated by artificial intelligence as that term is defined in the Illinois Human Rights Act.

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 Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 105 as follows:

(750 ILCS 5/105) (from Ch. 40, par. 105)

Sec. 105. Application of Civil Practice Law.)

(a) The provisions of the Civil Practice Law shall apply to all proceedings under this Act, except as otherwise provided in this Act.

(b) A proceeding for dissolution of marriage, legal separation or declaration of invalidity of marriage shall be entitled "In re the Marriage of ... and ...". A parental responsibility allocation or support proceeding shall be entitled "In re the (Parental Responsibility) (Support) of ...".

(c) The initial pleading in all proceedings under this Act shall be denominated a petition. A responsive pleading shall be denominated a response. If new matter by way of defense is pleaded in the response, a reply may be filed by the petitioner, but the failure to reply is not an admission of the legal sufficiency of the new matter. All other pleadings under this Act shall be denominated as provided in the Civil Practice Law.

(c-5) Notwithstanding any other law, the court must review evidence in proceedings under this Act under Supreme Court Rule 901 to evaluate whether the proposed evidence may have been generated by artificial intelligence as that term is defined in the Illinois Human Rights Act.

(d) As used in this Section, "pleadings" includes any petition or motion filed in the dissolution of marriage case which, if independently filed, would constitute a separate cause of action, including, but not limited to, actions for declaratory judgment, injunctive relief, and orders of protection. Actions under this subsection are subject to motions filed pursuant to Sections 2-615 and 2-619 of the Code of Civil Procedure.

(Source: P.A. 99-90, eff. 1-1-16.)